Prosecution Insights
Last updated: October 01, 2026
Application No. 19/048,262

LATENCY CONTROL METHOD, AND APPARATUS

Non-Final OA §102
Filed
Feb 07, 2025
Priority
Aug 08, 2022 — CN 202210941853.X +1 more
Examiner
HUSSAIN, TAUQIR
Art Unit
Tech Center
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
1y 4m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
699 granted / 829 resolved
+24.3% vs TC avg
Strong +26% interview lift
Without
With
+25.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
28 currently pending
Career history
865
Total Applications
across all art units

Statute-Specific Performance

§101
6.3%
-33.7% vs TC avg
§103
56.1%
+16.1% vs TC avg
§102
19.0%
-21.0% vs TC avg
§112
7.2%
-32.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 829 resolved cases

Office Action

§102
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claims 1-20 are pending for examination in instant application. Information Disclosure Statement The information disclosure statement (IDS) submitted on 03/07/2025 and 12/01/2025 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Restriction has been withdrawn in light the response filed on 7/21/2026. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Zhang et al. (Pub. No.: US 2023/0422079 A1), hereinafter “Zhang”. As to claim 1. Zhang teaches, a method applied to a policy control network element (Zhang, Abstract), the method comprising: receiving a round-trip latency requirement of a service (Zhang, [0005] sending a round-trip time request of a service flow to a PCF. [0006], receiving a round-trip time request of a service flow); generating a parameter of an uplink quality of service flow and a parameter of a downlink quality of service flow based on the round-trip latency requirement (Zhang, fig.9, step-s91, [0005], [0008], split uplink and downlink service transmission delays from a RTT threshold value, and generate a first PCC rule and a first QoS detection policy. A first QoS detection policy including the first UPF side round-trip time threshold value.), wherein the uplink quality of service flow and the downlink quality of service flow are respectively configured to be used for transmitting uplink data and downlink data of the service (Zhang, fig.9 step-s91, fig.8, step-s84, split uplink and downlink service transmission delays. Generate first QoS information of a first QoS flow.); and sending the parameter of the uplink quality of service flow and the parameter of the downlink quality of service flow to a session management network element (Zhang, fig.8 S85, fig.9 S95, [0005-0006], sent, by the PCF network element, to a session management function (SMF) network element. Send the first QoS information of the first QoS flow (fig.8 s85) send the first QoS information of the first QoS flow (fig.9 s95). As to claim 2. Zhang disclose, further comprising determining, based on the round- trip latency requirement, whether to create the uplink quality of service flow and the downlink quality of service flow for the service (Zhang, fig.9 s91, 10 s101, 11 s111, [0005], teaches determining based on a round-trip latency requirement, whether uplink and downlink QoS flows should be created. In response, splits the uplink and downlink service transmission delays from that RTT requirement and generates corresponding PCC rules and QoS detection policies. Zhang further explains that the QoS detection policy includes the RTT threshold value, and [0008] states that the PCF determines an appropriate processing mode when the TRR requirement cannot be met.). As to claim 3. Zhang disclose, further comprising sending the round-trip latency requirement to the session management network element (Zhang, [0006], confirms that the PCF “sends the first quality of service detection policy to a session management function (SMF) network element” again showing that the RTT requirement is transmitted to the SMF.). As to claim 4. Zhang discloses, wherein: the parameter of the uplink quality of service flow comprises a plurality of groups of uplink quality of service parameters (Zhang, fig.9, [0149, in step 91, a PCF network element splits uplink and downlink service transmission delays of a first user plane function side for a first QoS flow from a first user plane function side RTT threshold value, and generates a first PCC rule and a first QoS detection policy. This splitting produces multiple uplink delay related QoS parameter groups derived from RTT requirement); the parameter of the downlink quality of service flow comprises a plurality of groups of downlink quality of service parameters (Zhang, fig.9, [0149], in step 91, a PCF network element splits uplink and downlink service transmission delays of a first user plane function side for a first QoS flow from a first user plane function side RTT threshold value, and generates a first PCC rule and a first QoS detection policy. Which again splits uplink and downlink delays and generates QoS policies); each group of uplink quality of service parameters comprises a data packet delay budget of the uplink quality of service flow (Zhang, fig.10 s101, [0168], “uplink transmission delays” are delay budget values derived from RTT thresholds); and each group of downlink quality of service parameters comprises a data packet delay budget of the downlink quality of service flow (Zhang, fig.9 s91, fig.11 s111, represent delay budget values for downlink transmission. These downlink delay values, derived from RTT thresholds and used to generate QoS policies.). As to claim 5. Zhang discloses, wherein: the parameter of the uplink quality of service flow and the parameter of the downlink quality of service flow comprise a plurality of quality of service parameter pairs (Zhang, fig.9, [0149], generate multiple QoS parameter sets for uplink and downlink flows by splitting uplink and downlink service transmission delays from RTT thresholds and generating corresponding PCC rules and QoS detection policies.); each quality of service parameter pair comprises an uplink quality of service parameter and a downlink quality of service parameter (Zhang, fig.9, [0149], generate multiple QoS parameter sets for uplink and downlink flows by splitting uplink and downlink service transmission delays from RTT thresholds and generating corresponding PCC rules and QoS detection policies.); and a sum of a data packet delay budget in the uplink quality of service parameter comprised in each quality of service parameter pair and a data packet delay budget in the downlink quality of service parameter comprised in each quality of service parameter pair satisfies the round-trip latency requirement (Zhang, fig.9, 10, [0005], [0008], QoS parameter generation is explicitly based on satisfying RTT thresholds. S91 uplink and downlink delays are split from the RTT threshold value, meaning their combined delay budgets equal the RTT requirement.). As to claim 6. Zhang disclose, wherein: the parameter of the uplink quality of service flow comprises at least two uplink budget values of a data packet delay budget of the uplink quality of service flow (Zhang, fig.9, [0149]); and the parameter of the downlink quality of service flow comprises at least two downlink budget values of a data packet delay budget of the downlink quality of service flow (Zhang, fig.9, [0149], from the first user plane function side RTT “threshold value”, which inherently produces multiple uplink /downlink delay budget values. Because these uplink/downlink delays are split into separate components derived from the RTT threshold, each direction contains at least two delay budget values, corresponding the claim’s “at least two uplink budget values” and “at least two downlink budget values.”). As to claim 7. Zhang disclose, wherein: a sum of a largest value of data packet delay budgets in the parameter of the uplink quality of service flow and a smallest value of data packet delay budgets in the parameter of the downlink quality of service flow is less than or equal to the round-trip latency requirement (Zhang, fig.9, [0149], Because these uplink delay values are derived directly from the RTT threshold, the maximum uplink delay budget is inherently bounded such that it’s value cannot exceed the RTT requirement when combined with the corresponding downlink delay value. Similarly, because the downlink delay budgets originate from the RTT threshold, the minimum downlink delay budget is necessarily bounded such that it’s sum with the largest uplink delay budget satisfies the RTT requirement.); and a sum of a smallest value of the data packet delay budgets in the parameter of the uplink quality of service flow and a largest value of the data packet delay budgets in the parameter of the downlink quality of service flow is less than or equal to the round-trip latency requirement (Zhang, fig.10 s101, fig.11, s111 [0168], Because both uplink/downlink delay budgets are derived from the RTT threshold, the sum of the smallest uplink delay budget and the largest downlink delay budget is also constrained to be less than or equal to the RTT requirement.). As to claim 8. Is rejected for same rationale as applied to claim 1 above (Zhang, [0387]). As to claim 9. Zhang teaches, a method applied to a session management network element (Zhang, Abstract), the method comprising: receiving from a policy control network element, a parameter of an uplink quality of service flow and a parameter of a downlink quality of service flow (Zhang, fig.14, S1410, [0313], the SMF receives QoS information (uplink and downlink parameters) from PCF, “receives a first policy and charging control rule and the first QoS of service detection policy sent by a policy control function network element.”), wherein the uplink quality of service flow and the downlink quality of service flow are respectively configured to be used for transmitting uplink data and downlink data of a service (Zhang, fig.9, [0149], disclose that QoS flows are used for uplink and downlink transmission, “split uplink and downlink service transmission delays and generate QoS detection policy.” This confirms that the QoS flows corresponds to uplink and downlink transmission behavior.), and the parameter of the uplink quality of service flow and the parameter of the downlink quality of service flow satisfy a round-trip latency requirement of the service (Zhang, fig.9, fig.10, [0149], [0168], repeatedly states that uplink and downlink parameters are derived from RTT thresholds. “Split uplink and downlink service transmission delays from a first user plane function side RTT threshold value.”); and sending to an access network element, a profile of the uplink quality of service flow and a profile of the downlink quality of service flow based on the parameter of the uplink quality of service flow and the parameter of the downlink quality of service flow (Zhang, fig.10 s104, s105b, fig.16, s1620 [0176], teaches that the SMF sends QoS profiles to network devices (including access network elements. “Sends the QoS profile file information to the first QoS flow.” S1620, “receives a QoS detection request of a network device sent by the session management function network element.” Zhang in s104 discloses, that QoS profiles are generated according to the uplink/downlink QoS parameters. “Generates QoS profile file information of the first QoS flow according to the second PCC rule.” Since PCC rules and QoS detections policies are derived from uplink/downlink delay parameters, the QoS profile is based on those parameters.). As to claim 10. Zhang discloses, further comprising: generating the profile of the uplink quality of service flow and the profile of the downlink quality of service flow based on the parameter of the uplink quality of service flow and the parameter of the downlink quality of service flow (Zhang, fig.10 s104, [0176], explicitly teaches generating a QoS profile for the QoS flow using QoS parameters derived from RTT based PCC rules. Because the PCC rules and QoS detection policies are derived from uplink delay parameters (split from RTT thresholds in fig.9 and fig.11) the QoS profile is generated based on the uplink QoS parameters.). As to claim 11. Is rejected for same rationale as applied to claim 4 above. As to claim 12. Is rejected for same rationale as applied to claim 6 above. As to claim 13. Zhang disclose, further comprising sending the round-trip latency requirement to the access network element (Zhang, [0006], confirms that the PCF sends this RTT based policy to SMF, which then forwards it to the access network element.). As to claim 14. Is rejected partially for same rationale as applied to claim 5 above. Additionally, Zhang disclose, the profile of the uplink quality of service flow and the profile of the downlink quality of service flow comprise a plurality of quality of service profile pairs (Zhang, fig.10 s104[0176], teaches generating QoS profile information for the QoS flow. Since PCC rules are derived from uplink/downlink parameters, the resulting QoS profile contains paired uplink/downlink profile values.); each quality of service profile pair comprises an uplink quality of service profile and a downlink quality of service profile (Zhang, fig.10, s104 [0176] the QoS profile generated, applies to the entire QoS flow (uplink + downlink). Because the underlying parameters are split into uplink and downlink components); and a sum of a data packet delay budget in the uplink quality of service profile comprised in each quality of service profile pair and a data packet delay budget in the downlink quality of service profile comprised in each quality of service profile pair satisfies the round-trip latency requirement (Zhang, fig.10 s104[0176], the QoS profile is generated according to PCC rules that themselves are derived from RTT based uplink/downlink delay parameters. Thus, the profile inherits the same RTT constraint). As to claim 15. Zhang disclose, further comprising: sending latency control indication information to the access network element (Zhang, fig.10 s107b, [0185], In step 107b, the SMF network element sends the QoS detection request of the base station to the base station. Thus, sending the QoS detection request constitutes sending latency control indication information to the access network element.), wherein the latency control indication information is configured to cause the access network element to determine, from the profile of the uplink quality of service flow and the profile of the downlink quality of service flow, a target data packet delay budget of the uplink quality of service flow and a target data packet delay budget of the downlink quality of service flow (Zhang, fig.10 s101 [0168], teaches that the access network uses the QoS detection request containing RTT derived QoS parameters to determine budgets. Because the QoS detection request sent to the base station is generated according to this RTT based QoS detection policy, the access network element uses it to determine target uplink and downlink delay budgets that satisfy the RTT requirement.). As to claim 16. Zhang disclose, further comprising: sending association indication information to the access network element, wherein the association indication information indicates that the uplink quality of service flow is associated with the downlink quality of service flow (Zhang, fig.10 s107b [0185], The QoS detection request are generated from QoS detection policies that include RTT threshold values. Thus, sending QoS control indication information to the access network element.). As to claim 17. Is rejected partially for same rationale as applied to claim 7 above. Additionally, Zhang disclose, a sum of a largest value of the data packet delay budgets in the profile of the uplink quality of service flow and a smallest value of the data packet delay budgets in the profile of the downlink quality of service flow is less than or equal to the round-trip latency requirement (Zhang, fig.10 s104 [0176], teaches generating QoS profile information from RTT derived PCC rules. Since PCC rules encode RTT derived delay budgets, the resulting QoS profile inherits the same RTT constraints, meaning the largest uplink profile delay budget plus smallest downlink profile delay budget must satisfy the RTT requirement.); and a sum of a smallest value of the data packet delay budgets in the profile of the uplink quality of service flow and a largest value of the data packet delay budgets in the profile of the downlink quality of service flow is less than or equal to the round-trip latency requirement (Zhang, [0005], [0008], Because the QoS profile is generated from RTT derived parameters (fig.10, s104), the profile’s smallest uplink delay budget and largest downlink profile delay budget <= RTT requirement, satisfying the claim limitation.). As to claim 18. Is rejected for same rationale as applied to claim 1 above. As to claim 19. Is rejected for same rationale as applied to claim 2 above. As to claim 20. Is rejected for same rationale as applied to claim 3 above. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see the attached PTO-892. Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAUQIR HUSSAIN whose telephone number is (571)270-1247. The examiner can normally be reached M-F 7:00 - 8:00 with IFP. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vivek Srivastava can be reached at 571 272-7304. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Tauqir Hussain/Primary Examiner, Art Unit 2449
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Prosecution Timeline

Feb 07, 2025
Application Filed
Sep 01, 2026
Non-Final Rejection mailed — §102 (current)

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Prosecution Projections

1-2
Expected OA Rounds
84%
Grant Probability
99%
With Interview (+25.8%)
3y 0m (~1y 4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 829 resolved cases by this examiner. Grant probability derived from career allowance rate.

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